Legal and Ethical Application by Terry Willett

Slide # 1 Professional Perspective

twillett4 — 2024-03-06 02:53:46 UTC

As a school counselor, it is my job to ensure that my school is a welcoming, inclusive, and safe environment that aids in all students reaching their full potential. All students means every single student, regardless of their race, cultural background, values, religious beliefs, gender identity, or sexual orientation. This presentation is intended for all faculty and staff who daily impact the lives of the students at North Shore High School. As active participants in North Shore High School's Comprehensive School Counseling Program, it is essential that you understand the legal and ethical reasons why North Shore High School is an inclusive environment for all.

Slide #2 Governing Agency

twillett4 — 2024-03-06 03:39:21 UTC

Federal-U.S. Department of Education
- According to its website, the U.S. Department of Education’s responsibilities include
  - Policies on funding
  - Educational-related data and research
  - Make the nation aware of significant issues in American schools
  - Impose Federal laws that protect against discrimination
(U.S. Department of Education, 2010)
State of Texas-State Board for Educator Certification (SBEC)
- The Texas Education Code states
  “The SBEC is solely responsible for enforcing the Educators' Code of Ethics for purposes related to certification disciplinary proceedings. The Educators' Code of Ethics is enforced through the disciplinary procedure set forth in Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases) pursuant to the purposes stated therein”
  (Tex. Educ. Code § 247.1(c))

Slide # 3 Federal and State Constitutional Laws

twillett4 — 2024-03-06 03:58:12 UTC

The 14th Amendment of the United States Constitution states that,

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”

(U.S. Const. Amend. XIV)

This amendment is the basis for laws guaranteeing students have the right to equal and inclusive education no matter their cultural background or beliefs.

U.S. Constitution - Fourteenth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

Similar to the U.S. Constitution the Texas Constitution states,

“EQUAL RIGHTS. All freemen†, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services”

(Texas Const. Art. 1 § 3)

THE TEXAS CONSTITUTION ARTICLE 1. BILL OF RIGHTS

Slide # 4 Statue and Administrative Law

twillett4 — 2024-03-06 04:21:07 UTC

The Every Student Succeeds Act (ESSA) is a federal law that was signed into law in 2015 as a revision of the No Child Left Behind Act and further supports the 14th amendment of the Constitution guaranteeing the right that all students have access to equal and inclusive education.

Protects and offers equality to disadvantaged and high-need students
Ensures that all students are prepared for college and careers

(Every Student Succeeds Act, 2015)

PUBL095.PS (congress.gov )

The Texas state statute Equal Educational Services or Opportunities states,

“An educational institution undertaking to provide education, services, or activities to any individual within the jurisdiction or geographical boundaries of the educational institution shall provide equal opportunities to all individuals within its jurisdiction or geographical boundaries pursuant to this code” (Tex. Educ. Code § 1.002(a))

EDUCATION CODE CHAPTER 1. GENERAL PROVISIONS (texas.gov )

Slide # 5 Case Laws

twillett4 — 2024-03-06 04:37:07 UTC

Brown versus the Board of Education

1954 Supreme Court case
Used the 14th Amendment as the basis for its ruling
Guarantees all students equal access to education
Desegregated Schools
Led to other laws: Every Student Succeeds Act

(Brown v. Board of Education, 1954)

Brown v. Board of Education | National Archives

Slide # 6 Federal Mandate

twillett4 — 2024-03-06 04:54:14 UTC

The U.S. Department of Education's Equity Action Plan is in response to an executive order to increase equality for all races and economically disadvantaged areas.

Makes sure that federal funds are equally distributed to the students most adversely affected by the Covid-19 pandemic
Provides resources for civil rights causes
Ensures equitable distribution of grants

Slide # 7 Local Policy

twillett4 — 2024-03-06 05:11:47 UTC

Mckinney ISD’s stated vision is, “We are a cohesive, diverse community providing engaging learning experiences for all” (McKinney Independent School District, 2023, p. 2).

McKinney ISD’s stated beliefs include, “Positive school culture and a safe environment foster growth; everyone has inherent value and deserves to be treated with dignity and respect” (McKinney Independent School District, 2023, p. 2).

Slide # 8 Risk Management Strategies

twillett4 — 2024-03-06 05:22:42 UTC

Involve the community and have them share their cultural traditions and values
Make sure every culture represented in the school is represented in decision-making committees and councils
Provide safe areas for students to communicate their needs

Slide # 9 Ethical Principle

twillett4 — 2024-03-06 05:34:55 UTC

According to the American School Counselors Association’s (ASCA) ASCA Ethical Standards for School Counselors, School Counselors should advocate that schools provide an environment that is free from bullying, harassment, and discrimination (American School Counselors Association, 2022). The ASCA Ethical Standards for School Counselors, School Counselors also states that school counselors should honor all students and their families’ cultural and religious values and beliefs and should not attempt to compel a student to follow their own, the counselor’s, cultural or religious values and beliefs (American School Counselors Association, 2022). School counselors should also help create an environment that is safe and equitable for students no matter their "gender identity, gender expression, sexual orientation, language,

immigration status, juvenile justice/court involvement,

housing, socioeconomic status, ability, foster care,

transportation, special education, mental health, and/or any

other exceptionality or special need" (American School Counselors Association, 2022 p. 5)

EthicalStandards.pdf (schoolcounselor.org )

Slide # 10 Personal Connection to the Legal and Ethical Standards

twillett4 — 2024-03-06 05:43:02 UTC

In my career, I have worked with students from many different backgrounds, cultures, and beliefs and I have found that the more the marginalized populations are represented, all students benefit.
I have seen when students learn more about other cultures and beliefs incidents of bullying and harassment based go down.
I believe everyone deserves equal opportunities and equal respect.

Slide # 11 Recommendations / Best Practices for Compliance

twillett4 — 2024-03-06 06:01:47 UTC

Invite parents of students from all cultures to view your classroom and offer feedback on how it could be more inclusive.
Do not make assumptions about someone's culture or belief system.
If a student is sharing something personal about themselves listen non-judgmentally. If it is a topic, you feel they need to further discuss refer them to their counselor.
Be aware of your biases. If you are not aware have someone who knows you give you honest feedback.
Be mindful that everyone may not observe the same holidays and traditions you observe if any holiday is highlighted then all holidays must be highlighted with proper notice to parents. If parents choose to have their child opt out of a holiday-related activity, then provide an alternative activity that does not single out that student.
Never try to persuade a student or their family that your beliefs are superior to theirs or attempt to convert them to your faith or belief system.